Upper Merion Township
City Zoning Code
City Zoning Code
ARTICLE XXVII
Signs
§ 165-161 Short title of article.
This article shall be known and may be cited as the "Upper Merion Township Sign Code," hereinafter referred to as the "Sign Code."
§ 165-162 Legislative purpose and intent.
[Amended 8-5-2004 by Ord. No. 2004-738; 1-20-2005 by Ord. No. 2005-742]
A.
The purpose of this article is to promote and protect the health, welfare and safety of the public by regulating existing and proposed signs of all types located in the community of Upper Merion Township. It is intended to protect property values, create a more attractive economic and business climate, enhance and protect the physical appearance of the community, preserve the scenic and natural beauty and provide a more enjoyable and pleasing community. It is further intended hereby to reduce sign or advertising distractions and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way, provide more visual open space and curb the deterioration of the community's appearance and attractiveness.
B.
This article is intended to promote attractive signs, which clearly present the visual message in a manner that is compatible with their surroundings. The appearance, character and quality of a community are affected by the location, size, construction and graphic design of its signs. Therefore, such signs should convey their messages clearly and simply to enhance their surroundings.
C.
The regulations herein are designed to prevent the overconcentration, improper placement and excessive height, bulk, number and area of billboards. It is recognized that, unlike on-premises signs which are actually a part of a business, billboards are a separate and distinct use of the public thoroughfare. Furthermore, for the purposes of this article, billboards are considered by the Township as an accessory to the principal use when located on the same lot. With a view to this distinction, billboard signs are regulated differently from on-premises signs. It is intended that billboards be located away from view of residential areas, and that such signs be regulated to protect the character of the area wherein billboards are located and to conserve property values in these areas.
§ 165-163 Legislative findings.
[Amended 8-5-2004 by Ord. No. 2004-738; 1-20-2005 by Ord. No. 2005-742]
A.
Having received guidance from Township planning staff concerning the proliferation of signs in the Township of Upper Merion, the Board of Supervisors of Upper Merion Township hereby finds that the existence and proliferation of signs along the Township's thoroughfares, on rooftops and sides of buildings, has increased to such a degree that the Township is in danger from visual blight that detracts from the appearance and orderliness of the Township, obscuring its vistas and its neighborhoods. Furthermore, a number of signs are located near residential areas, lending an unsightly appearance to a number of the Township's neighborhoods and undermining the quality of life of residents of those neighborhoods.
B.
More recently, having discovered the inadequacy of the Township's existing article in allowing and regulating billboards, the Board of Supervisors of Upper Merion Township hereby finds that billboards may be allowed in appropriate areas, but a proliferation of such use endangers the Township of visual blight and detracts from the orderliness of the Township, obscuring its vistas and its neighborhoods. Furthermore, the potential visibility of billboards from the Township's residential areas threatens the quality of life of the residents of those neighborhoods.
C.
In addition, signs are by their nature designed to attract attention, and therefore signs placed within sight of roadways and thoroughfares are intended to distract drivers, as well as pedestrians. Therefore, traffic safety can only be furthered by reasonable and appropriate limitations upon signs in the Township of Upper Merion, which, as a highly commercialized community, includes a number of heavily traveled roads and thoroughfares.
D.
Having conducted research and field studies by the Township planning staff, the following article was created to also allow the display of billboards, under specified conditions, within Upper Merion Township in a way that supports the intent described in this article, without being arbitrary or overly restrictive in nature.
E.
Off-site signs and billboards, with their periodically changing content, present special aesthetic and traffic safety problems, and commercial signs constitute the overwhelming proportion of all off-site signs. In addition, owners of businesses have a unique interest in advertising the activities on the premises of their businesses, to which weight must be given. Similarly, because noncommercial permanent signs constitute a negligible proportion of the signs in the Township and equitable treatment of such signs has been the subject of judicial concern, it would be inappropriate and misguided to be overly restrictive and prohibit such signs merely because other signs have been prohibited: Where such signs pose the additional problem of being rooftop, flashing, rotating or animated signs, they will be appropriately regulated.
F.
Therefore, pursuant to the general police and zoning powers conferred on the Township by the General Assembly, and with due deference to the constitutional rights of individuals and businesses living and operating within the geographical boundaries of the Township, the Board of Supervisors for Upper Merion Township hereby enacts this article placing new restrictions upon the display of signs within the Township.
§ 165-164 Definitions.
Unless otherwise expressly stated, the definitions set forth in § 165-5 of the Upper Merion Township Zoning Code, Ordinance No.15, as amended, are hereby incorporated by reference. In addition, the following words and phrases shall be construed throughout this article to have the meanings indicated below:
A sign structure that has ceased to be used, and the owner intends no longer to have used, for the display of sign copy, or as otherwise defined by state law.
A sign employing actual motion or the illusion of motion. Animated signs, which are differentiated from changeable signs as defined and regulated by this code, include the following types:
Electrically activated. Animated signs producing the illusion of movement by means of electronic, electrical or electromechanical input and/or illumination capable of simulating movement through employment of the characteristics of one or both of the classifications noted below:
Flashing. Animated signs or animated portions of signs whose illumination is characterized by a repetitive cycle in which the period of illumination is either the same as or less than the period of nonillumination.
Patterned illusionary movement. Animated signs or animated portions of signs whose illumination is characterized by simulated movement through alternate or sequential activation of various illuminated elements for the purpose of producing repetitive light patterns designed to appear in some form of constant motion.
Environmentally activated. Animated signs or devices motivated by wind, thermal changes or other natural environmental input. Includes spinners, pinwheels, pennant strings, and/or other devices or displays that respond to naturally occurring external motivation.
Mechanically activated. Animated signs characterized by repetitive motion and/or rotation activated by a mechanical system powered by electric motors or other mechanically induced means.
Any projection that is not intended for occupancy and that extends beyond the face of an exterior wall of a building, but that does not include signs as defined herein. See also "awning," "back-lit awning," and "canopy, attached and freestanding."
An architectural projection or shelter projecting from and supported by the exterior wall of a building and composed of a covering of rigid or nonrigid materials and/or fabric on a supporting framework that may be either permanent or retractable, including such structures that are internally illuminated by fluorescent or other light sources.
A sign displayed on or attached flat against the surface or surfaces of an awning. See also, "wall" or "fascia sign."
An awning with a translucent covering material and a source of illumination contained within its framework.
A flexible substrate on which copy or graphics may be displayed.
A sign utilizing a banner as its display surface.
A sign which has a sign area larger than 50 square feet and which directs attention to a business, commodity, service, entertainment, facility or other subject matter not located, conducted, sold or offered upon the premises where such sign is located or which calls public attention to a candidate, cause, public issue or other such subject matter and which may be either freestanding or mounted upon the roof or wall of a building.
[Amended 8-5-2004 by Ord. No. 2004-738; 1-20-2005 by Ord. No. 2005-742]
The entire side of a building, from ground level to the roofline, as viewed perpendicular to the walls on that side of the building.
A multisided overhead structure or architectural projection supported by attachments to a building on one or more sides and either cantilevered from such building or also supported by columns at additional points. The surface(s) and/or soffit of an attached canopy may be illuminated by means of internal or external sources of light. See also "marquee."
A multisided overhead structure supported by columns, but not enclosed by walls. The surface(s) and or soffit of a freestanding canopy may be illuminated by means of internal or external sources of light.
A sign affixed to the visible surface(s) of an attached or freestanding canopy. For reference.
A sign with the capability of content change by means of manual or remote input, including signs which are: manually activated (changeable sign whose message copy or content can be changed manually) and electrically activated (changeable sign whose message copy or content can be changed by means of remote electrically energized on-off switching combinations of alphabetic or pictographic components arranged on a display surface). Illumination may be integral to the components, such as characterized by lamps or other light-emitting devices; or it may be from an external light source designed to reflect off the changeable component display. See also "electronic message sign or center."
The Code of Upper Merion Township, as amended.
The Code Enforcement Officer or his duly authorized representative of the Upper Merion Township, who is charged hereby with the enforcement and administration of this article.
A sign that is supported partly by a pole and partly by a building structure.
Those letters, numerals, figures, symbols, logos and graphic elements comprising the content or message of a sign, excluding numerals identifying a street address only.
A freestanding sign identifying a multiple-occupancy development, such as a shopping center, planned industrial park, which is controlled by a single owner or landlord, or a residential subdivision, apartment, condominium or development.
Any sign that is designed and erected for the purpose of providing direction and/or orientation for pedestrian or vehicular traffic.
A sign with two faces, back to back.
Any sign activated or illuminated by means of electrical energy.
An electrically activated changeable sign whose variable message capability can be electronically programmed.
Any sign placed outside a building.
See "building elevation."
See "wall sign."
See "animated sign, electrically activated."
A sign principally supported by a structure affixed to the ground, and not supported by a building, including signs supported by one or more columns, poles or braces placed in or upon the ground.
The linear footage of building face which serves as the principal approach to a building and which building face fronts upon a public street, a shopping center driveway, parking area or pedestrian mall or walkway.
For corner lots, such footage may be calculated separately for the principal approach and one adjacent face if such face also fronts on a public street, a shopping center driveway, public parking area, pedestrian mall or public walkway.
Building frontage shall be calculated as the perpendicular distance between any two parallel lines, both of which touch the building.
See "freestanding sign."
A sign characterized by the use of artificial light, either projecting through its surface {s) {internally illuminated) or reflecting off its surface{s) (externally illuminated).
Any sign placed within a building but not including window signs as defined by this article. Interior signs are not regulated by this article unless the sign is a window sign or reasonably visible outside of the building. If an interior sign is reasonably visible outside of the building, the interior sign shall not have the characteristics of an animated sign; shall not blink, flash, have animated or moving text, photos or transitions; shall not cause a distraction to motorists; shall not have the appearance of traffic safety signs and lights, or municipal vehicle warnings from a distance; and shall be turned off when the space where the interior sign is located is closed.
[Amended 11-9-2023 by Ord. No. 2023-893]
Any combination of lights, attached to a building which forms a continuous line of light such as neon, or individual strings or series of lights.
Includes any lot, premises, building, wall or any structure whatsoever upon which a sign is erected, constructed, painted or maintained.
An inclined decorative roof-like projection that is attached to an exterior building facade.
See "canopy (attached)."
See "canopy sign."
A freestanding sign oriented to the drive-through lane for a restaurant that advertises the menu items available from the drive-through window, and which has no more than 20% of the total area for such a sign utilized for business identification.
A sign containing three or more faces.
See "outdoor advertising sign."
A sign erected, maintained or used in the outdoor environment for the purpose of the display of messages appurtenant to the use of, products sold on, or the sale or lease of, the property on which it is displayed.
A permanent sign erected, maintained or used in the outdoor environment for the purpose of the display of commercial or noncommercial messages not appurtenant to the use of, products sold on, or the sale or lease of, the property on which it is displayed.
The extension of a building facade above the line of the structural roof.
Includes any nongovernmental agent, lessee, individual, firm, partnership, association, corporation, company or organization of any kind capable of being sued.
See "freestanding sign."
A temporary sign intended to advance a political statement, cause or candidate for office. A legally permitted outdoor advertising sign shall not be considered to be a political sign.
Any sign not permanently attached to the ground or to a building or building surface.
A sign other than a wall sign that is attached to or projects more than 18 inches (457 mm) from a building face or wall or from a structure whose primary purpose is other than the support of a sign.
A temporary sign advertising the sale, lease or rental of the property or premises upon which it is located.
A sign that revolves 360° about an axis. See also, "Animated sign, mechanically activated."
The top edge of a peaked roof or, in the case of an extended facade or parapet, the uppermost point of said facade or parapet.
A sign mounted on, and supported by, the main roof portion of a building, or above the uppermost edge of a parapet wall of a building and which is wholly or partially supported by such a building. Signs mounted on mansard facades, pent eaves and architectural projections such as canopies or marquees shall not be considered to be roof signs.
Any device visible from a public place that displays either commercial or noncommercial messages by means of graphic presentation of alphabetic, numeric or pictorial symbols or n representations.
The area of the smallest geometric figure, or the sum of the combination of regular geometric figures, which comprise the sign face. The area of any double-faced or V-shaped sign shall be the area of the largest single face only. The area of a sphere shall be computed as the area of a circle. The area of all other multiple-sided signs shall be computed as 50% of the sum of the area of all faces of the sign.
Those letters, numerals, figures, symbols, logos and graphic elements comprising the content or message of a sign, exclusive of numerals identifying a street address only.
The surface upon, against or through which the sign copy is displayed or illustrated, not including structural supports, architectural features of a building or sign structure, nonstructural or decorative trim, or any areas that are separated from the background surface upon which the sign copy is displayed by a distinct delineation, such as a reveal or border.
In the case of panel or cabinet type signs, the sign face shall include the entire area of the sign panel, cabinet or face substrate upon which the sign copy is displayed or illustrated, but not open space between separate panels or cabinets.
In the case of sign structures with routed areas of sign copy, the sign face shall include the entire area of the surface that is routed, except where interrupted by a reveal, border, or a contrasting surface or color.
In the case of signs painted on a building, or individual letters or graphic elements affixed to a building or structure, the sign face shall comprise the sum of the geometric figures or combination of regular geometric figures drawn closest to the edge of the letters or separate graphic elements comprising the sign copy, but not the open space between separate groupings of sign copy on the same building or structure.
In the case of sign copy enclosed within a painted or illuminated border, or displayed on a background contrasting in color with the color of the building or structure, the sign face shall comprise the area within the contrasting background, or within the entire painted or illuminated border.
In the case of backlit signs, the sign face shall comprise the illuminated area.
The height at which the structural bearing wall of the structural bearing steel of concrete beams or columns behind a nonbearing wall support the roof load.
In the case of a gable end wall or a building end wall which does not support a roof load, the sign height line shall be the height of a straight line which shall be drawn so as to connect the top of the structural bearing walls or structural beams or columns (where such walls, beams or columns support the roof load) of the two adjacent walls.
Any structure supporting a sign.
A sign intended to display either commercial or noncommercial messages of a transitory or temporary nature. Portable signs or any sign not permanently embedded in the ground, or not permanently affixed to a building or sign structure that is permanently embedded in the ground, are considered temporary signs.
The Upper Merion Township and any duly elected or appointed public official, or employee, of the Upper Merion Township authorized to enforce the provisions of this article.
Legal counsel appointed by the Board of Supervisors for Upper Merion Township.
A sign attached to the underside of a canopy or marquee.
Signs containing two faces of approximately equal size, erected upon common or separate structures, positioned in a V shape with an interior angle between faces of not more than 45° with the distance between the sign faces not exceeding five feet (1524 mm) at their closest point.
A sign that is in any manner affixed to any exterior wall of a building or structure and that projects not more than 18 inches (457 mm) from the building or structure wall, including signs affixed to architectural projections from a building provided the copy area of such signs remains on a parallel plane to the face of the building facade or to the face or faces of the architectural projection to which it is affixed.
A sign affixed to the interior or exterior surface of a window with its message intended to be visible to and readable from the public way or from adjacent property.
§ 165-165 General provisions.
A.
Erection of signs. No sign shall be erected or maintained in the Upper Merion Township except those that are in conformity with the provisions of this article and the provisions of any other article, ordinance section, or regulation lawfully enacted by the Upper Merion Township.
B.
Placement of signs. All signs shall be placed with regard to the public safety and shall be governed by the following regulations:
(1)
No sign shall be erected or maintained so as to prevent free ingress and egress to or from any door, window or fire escape.
(2)
Only instructional design and certification signs shall be attached to a standpipe or fire escape.
(3)
Any business sign must maintain a setback distance from an adjacent residential district as required under this Zoning Code for other business or commercial structures or buildings.
(4)
Signs shall not be placed within the sight triangle of any intersection or driveway.
(5)
No signs, except for public transit signs, whether permanent or temporary, may be placed upon or attached to utility poles or traffic light standards.
(6)
Signs in rights-of-way. No sign other than an official traffic sign or similar sign shall be erected within two feet (610 mm) of the lines of any street right-of way, or within any public way, unless specifically authorized by other ordinances or regulations of Upper Merion Township or by specific authorization of the Zoning Official.
(7)
Projections over public ways. Signs projecting over public walkways shall be permitted to do so only subject to the projection and clearance limits either defined herein or, if not so defined, at a minimum height of eight feet (2,438 mm) from grade level to the bottom of the sign. Signs, architectural projections or sign structures projecting over vehicular access areas must conform to the minimum height clearance limitations imposed by the jurisdiction for such structures.
C.
Floodlighting shall be so shielded that the source of the light shall not be visible from any point off the lot on which the sign is erected and that only the sign is directly illuminated thereby.
D.
Permit required. It shall be unlawful for any person to erect, alter, relocate or remove any display within the Upper Merion Township or any sign or other advertising device as defined in this article without first obtaining a permit from the Township and paying the fees as required by § 165-166, Permit required; fees, set forth in this article, unless expressly exempted from the provisions of this article. Failure to obtain a permit for the erection of any sign as required herein shall be a violation of this article and subject the violator and the landowner upon which the sign is erected to the violations and penalties as set forth in § 165-177, Violations and penalties; fines, of this article.
E.
Zoning, Building and Electrical Code provisions and restrictions. The erection of all signs shall be subject to all applicable Township Zoning Ordinance restrictions, as well as Building and Electrical Code requirements adopted as part of the Code and as hereafter amended.[1] Whenever a conflict exists between this article and other laws, ordinances or regulations of the Commonwealth and the Township, the most restrictive shall control; provided, however, that nothing herein shall prohibit signs otherwise in compliance with this article at any location lawfully devoted to a nonconforming use.
[1]
Editor's Note: See Ch. 67, Building Construction, and Ch. 79, Electrical Standards, respectively.
F.
Identification. All signs hereafter erected, constructed or maintained must be plainly and permanently marked with the name of the person erecting, constructing or maintaining said sign.
G.
Existing signs. All existing signs constructed or erected prior to the date when this article becomes effective shall comply with and be subject to all of the provisions of this article with respect to inspections, maintenance, safety and fees upon the passage of this article.
H.
Liability of lessee or tenant. Any person occupying any vacant lot or premises by means of a ground sign or billboard, for which a permit is required, shall be subject to the same duties and responsibilities as the owner of the lot or premises with respect to keeping the same clean, sanitary, inoffensive and free and clear of all obnoxious substances and unsightly conditions on the ground in the vicinity of such ground sign or said premises for which he or she may lease.
I.
Maintenance. The owner of any sign, as defined and regulated by this article, shall properly paint and maintain the sign in good working condition, as applicable to the type of structure or sign.
J.
All applications for permits pursuant to any provision of this article shall be granted or denied within 30 days of the filing of a completed application with the Township in the form approved and deemed by the Township. Decisions upon such applications shall be non-discretionary, based solely upon compliance with the explicit terms of this article and other applicable law. Appeals of denials of applications by the Township may be filed with the Zoning Hearing Board for Upper Merion Township within the time limits and in such form as required by the Zoning Hearing Board.
K.
Obsolete sign copy. Any sign copy that no longer advertises or identifies a use conducted on the property on which said sign is erected must have the sign copy covered or removed within 30 days after written notification from the municipal zoning official; and upon failure to comply with such notice, the Zoning Official is hereby authorized to cause removal of such sign copy, and any expense incident thereto shall be paid by the owner of the building, structure or ground on which the sign is located.
§ 165-166 Permit required; fees.
A.
Unless specifically exempt from the provisions of this article, no sign shall be erected or structurally altered by any person except as prescribed in this article and until a permit has been issued by the Township. No permit shall be granted until after an application, on forms prescribed and furnished by the Township, has been filed with and approved by the Township, nor until the prescribed fee for each such permit shall have been paid to the Township. All permit fees are fixed and shall be paid on a per-sign basis in accordance with the fee schedule adopted by the Township.[1]
B.
In addition to the requirements in Subsection A herein above, before any permit for the erection, alteration, or modification of a sign or sign structure requiring such a permit is granted, the applicant shall file with the Township such construction documents showing the dimensions, materials and required details of construction including, but not limited to, loads, stresses, anchorage and any other pertinent data. The permit shall also be accompanied by engineering calculations signed and sealed by a registered design professional where required by the Upper Merion Township Code.
C.
No sign shall be erected, constructed or maintained, nor shall any permit be issued or application therefor approved, unless there shall be attached to and made a part of such application the consent, in writing, of the owner or the duly authorized agent of the owner of the premises on which or to which the sign is proposed to be installed, erected, painted, constructed or maintained.
D.
All signs for which a permit has been issued shall be completely constructed within six months after the date of the issuance of the permit, except upon written request to the Township, one extension may be granted for an additional three-month period.
E.
No sign shall be structurally altered, enlarged or relocated except in conformity with the provisions herein, including the requirement to obtain a proper permit, if required. Changes, repairs, or maintenance to movable parts or components of a previously approved sign that is designed for such changes, or changes to the copy, business name, lettering, sign face, colors, display or graphics matter, or the content of any sign shall not be deemed a structural alteration to a sign.
F.
Any exemption from the requirement to obtain a permit for the erection, alteration, or modification of a sign shall not relieve the owner of the sign or the owner of the property on which the sign is situated from responsibility for erection and maintenance of the sign in a safe manner and in accordance with all other provisions of this article.
G.
Permit fees to erect, alter, or relocate a sign shall be in accordance with the fee schedule adopted by Board of Supervisors for Upper Merion Township. The fee schedule may be modified from time to time, as the Board of Supervisors deems appropriate. Applications filed prior to the adoption of a new fee schedule shall be required to pay fees in accordance with the fee schedule then in effect at the time of filing; provided however, if the applicant modifies a previously submitted application after the adoption of a new fee schedule, the applicant shall be required to pay fees in accordance with the new fee schedule.[2]
§ 165-167 Residential signs.
A.
The following types of signs shall be permitted on single-family lots in the AG, R-1A, R-1, R-2, R-2A, R-2,R-3, R-3A, R-3B and U-R Zoning Districts as well as in any other areas where the uses permitted in these districts are located:
(1)
One professional, accessory use or name sign indicating the name, profession or activity of the occupant of the residence, not exceeding one square foot.
(2)
One identification sign or bulletin board of a school, college, church, hospital, sanitarium, municipal building, farm, estate, club or any permitted use other than a dwelling, not exceeding 24 square feet in area.
(3)
In AG Districts, one business sign advertising the sale of farm products on the premises, not to exceed 15 square feet in area.
B.
The following types of signs shall be permitted in developments in the R-3, R-3A, R-3B, G and HR Zoning Districts as well as in any other areas where the uses permitted in these districts are located:
(1)
One entrance sign to identify the name of the project or development on the site shall be permitted at each vehicular entrance to the property, such signs not to exceed 25 square feet in area.
(2)
Signs erected off the public right-of-way for the convenience or safety of the public while on the subject's private property, containing no advertising, not to exceed four square feet in area per sign.
§ 165-168 Business signs.
[Amended 3-26-2015 by Ord. No. 2015-837; 9-14-2023 by Ord. No. 2023-891; 6-13-2024 by Ord. No. 2024-896]
A.
Business signs are permitted in the C-O, NC, LC, GC, SC, ARE, AR-1, SM, SM-1, LI, HI and KPMU Zoning Districts, subject to the following:
(1)
The maximum total sign area shall be two square feet for every one linear foot of building frontage, with a maximum area of 200 square feet. For shopping centers, industrial parks and other multiple occupancy nonresidential buildings, the building face or wall shall be calculated separately for each separate occupancy.
(2)
For buildings facing more than one street, an additional one square foot of sign area shall be permitted for every one linear foot of building frontage on the additional side, with a maximum additional sign area of 100 square feet.
(3)
The sign area calculated for each frontage shall be erected on that frontage only and shall not be increased by the sign area calculated for another frontage.
(4)
The total sign area as computed under the formulas set forth above may be distributed by the applicant in any percentage among ground signs, wall signs, canopy signs, awning signs, projecting signs, light bands and roof signs where such signs are permitted, provided that if a roof sign is permitted, not more than 50% of the total permitted sign area may be allocated to such roof sign.
B.
Height of business signs. Except as set forth below, business signs may not project above the sign height line. In the following districts, business signs shall be permitted to extend above the sign height line of the building, but in no case may such signs extend above the top of the parapet wall upon which any such sign is mounted, the roof which is immediately adjacent to the wall upon which the sign is mounted or the roofline of a gable-roofed building:
C.
Wall signs. Wall signs shall either be applied or attached approximately parallel to the wall of a building, not extending therefrom more than 18 inches.
D.
Roof signs.
(1)
Signs extending above the sign height line shall be permitted in the AR and AR-1 Administrative and. Research Districts and in the SM and SM-1 Suburban Metropolitan Districts.
(2)
Such signs must be manufactured in such a way that they appear to be architecturally finished in such manner that the visual appearance from all sides is such that they appear to be a part of the building structure rather than something suspended from or standing on the building. They shall be installed or erected in such a manner that there shall be no visible angle and support structures.
(3)
All roof signs must be set back a distance of at least four feet from all outside walls of the building on or over which they are located.
(4)
All such signs shall comply with the height requirements of this Zoning Code for the district in which they are located.
E.
Canopy and marquee signs.
(1)
The permanently affixed copy area of canopy or marquee signs shall not exceed an area equal to 25% of the face area of the canopy, marquee or architectural projection upon which such sign is affixed or applied.
(2)
Graphic striping, patterns or color bands on the face of a building, canopy, marquee or architectural projection shall not be included in the computation of sign copy area.
F.
Awning signs.
(1)
The copy area of awning signs shall not exceed an area equal to 25% of the background area of the awning
(2)
Neither the background color of an awning, nor any graphic treatment or embellishment thereto such as striping, patterns or valances, shall be included in the computation of sign copy area.
G.
Projecting signs.
(1)
Projecting signs shall be permitted in lieu of freestanding signage on any street frontage limited to one sign per occupancy along any street frontage with public entrance to such an occupancy, except that no such sign shall exceed an area of 25 square feet.
(2)
No such sign shall extend vertically above the sign height line of the building facade upon which it is mounted.
(3)
Such signs shall not extend over a sidewalk in excess of the width of the sidewalk.
(4)
Such signs shall maintain a clear vertical distance above any sidewalk a minimum of eight feet.
H.
Under canopy signs.
I.
Window signs. Window signs shall be permitted for any nonresidential use subject to the following limitations. The aggregate area of all such signs shall not exceed 20% of the window area on which such signs are displayed. Window panels separated by muntins or mullions shall be considered as one continuous window area.
J.
Menu boards. Menu board signs shall not be permitted to exceed 50 square feet (4.6 m2).
K.
Ground or freestanding signs. A ground or freestanding sign shall be permitted in the CO, NC, LC, GC, AR, AR-1, SM, SM-1, LI, HI and KPMU Districts, subject to the following regulations:
(1)
The overall height of such signs shall not exceed 15 feet.
(2)
Whenever such signs are to be located within 15 feet of the curbline or the edge of the paved road, said signs shall have a minimum vertical clearance of eight feet.
(4)
On multibuilding lots of five acres or more in nonresidential zoning districts, one ground sign identifying the property as a whole, not to exceed 50 square feet, shall be permitted at each entranceway to the property from a primary arterial, arterial or primary collector road with a maximum of two such ground signs permitted for any one lot, provided that only one such sign shall be permitted on any one road. In addition, one ground sign per individual building situated within that multibuilding lot shall be permitted at the pedestrian entrance to the building or the driveway entrance servicing the parking area of the building. The size of the ground signs permitted within a multibuilding lot at the pedestrian entrance of an individual building or the driveway entrance servicing the parking area of an individual building shall be determined by Subsection K(3) above. The lot size for each individual lot shall be determined by the following formula:
Individual building square footage Total building square footage of the lot | Individual building x Total lot area = lot size for signage purposes |
L.
Multiple directory signs. A sign listing the names of various industrial, commercial or business establishments within a defined contiguous area as determined by the Building Official, to be erected primarily as a service to the motoring or pedestrian public, shall be permitted in HR, AR, AR-1, SM, SM-1, LI, HI and KPMU Zoning Districts, subject to the following regulations:
(1)
Such signs shall be ground signs only, and one such sign shall be located at the main point of ingress and egress to the area served by the sign and located on one of the properties serviced by this sign.
(2)
Individual spaces to indicate the name and location of each industry or enterprise within the area, including the name of the area if being developed as a single unit, may be provided on such sign, provided that each such space shall not exceed three square feet in area, and further provided that the total sign area shall not exceed 36 square feet.
M.
Additional signs in SC Shopping Center Districts. In addition to the signs mentioned above, in SC Shopping Center Districts the following additional signs may be erected.
(1)
One entrance sign identifying the shopping center at each vehicular entrance from a public street, provided that:
(a)
The overall height of all such entrance signs shall not be more than 35 feet in height.
(b)
Total area of such signs shall not exceed 100 square feet.
(c)
The spacing of such signs with reference to each other shall not be less than 400 feet, measured in a single straight line.
(d)
The location of such signs shall be as shown on the approved development plan, as required; however, there may not be more than three such signs for any one shopping center.
(2)
Pedestrian directory signs listing the names of commercial or business establishments within the vicinity shall be permitted in any area used solely by pedestrians, provided that such signs may not exceed 15 square feet in area.
(3)
Regional shopping center signs. In a regional shopping center, as defined in § 165-5, the following signage shall be permitted in addition to signage permitted by § 165-168:
(a)
Driveway/entrance signs. At each driveway or vehicular entrance from a public street, one sign shall be permitted that is not larger than 20 square feet in area and no greater than 10 feet in height.
(b)
Pedestrian directory signs. The names of commercial or business establishments within the site or vicinity shall be permitted on a sign in any location within a regional shopping center which is used solely for pedestrian traffic; however, such sign or signs shall not exceed 15 square feet each in area.
(c)
Perimeter identification signs. Along the perimeter highways or property lines of a regional shopping center, identification signs shall be permitted which shall be no taller than 35 feet in height and no greater than 350 square feet in area. No perimeter identification sign shall be placed closer than 1,000 linear feet to another such perimeter identification sign, and no more than three such signs shall be permitted for each such regional shopping center usage.
(d)
Building signs. Within a regional shopping center, wall signs or business signs, as defined in § 165-168, not to exceed 300 square feet in area, shall be permitted with the following modification: one building or wall sign shall be permitted for each face of a building, provided that no more than three such signs shall be permitted on any one building.
(4)
The following signs are prohibited in shopping centers: sandwich boards.
N.
Directional signs. Directional or informational signs of a public or quasipublic nature for the purpose of stating the name or location of a hospital, community center, school, church, nonprofit or charitable organization, park, etc., or the name and place of meeting of an official civic or service body may be permitted in any zoning district. Such signs shall not exceed six square feet in area.
O.
Special signs. When the architectural design of a building is integral with the sign composition to such a degree that normal standards cannot be applied with practicality, such a sign shall be deemed a special sign and may be permitted when authorized as a special exception by the Zoning Hearing Board, upon the following conditions:
(2)
Such sign shall form an integral part of the structural or decorative facade of a building wall to such an extent as to render impractical the measurement or placement of sign area as defined herein; however, such signs may not be placed on an decorative facade where the purpose appears primarily to increase the permitted height of a sign above the sign height line of the building.
P.
Off-site signs. An outdoor sign which advertises or directs the public's attention to a business commodity, service, place, entertainment or activity not conducted, sold offered or located on the same premises with such sign shall be permitted in C-1, C-2 and C-3 Commercial Districts and shall comply with the provisions of § 165-168K, Ground or freestanding signs.
Q.
R.
Light bands.
(1)
Light bands shall be permitted on buildings in the NC, LC, GC, SC, AR, AR-1, SM, SM-1 and KPMU Districts.
(2)
The area of a light band shall be included in the total allowable sign area. The area of a light band shall be calculated as the length times the physical width. The width shall be calculated as not less than two inches.
S.
Murals in the SC Shopping Center Districts.
(1)
Murals. Within a regional shopping center, artistic murals shall be permitted by conditional use for permitted performing arts facilities and movie theater uses, in addition to all such other signage otherwise permitted herein, and shall not count toward the total allowable signage area for a building or regional shopping center, provided such mural(s):
(a)
Shall be located only on a building or structure occupied by an anchor store of the regional shopping center which, for purposes of this section, shall be understood to be an occupant space providing public access from at least one entrance directly from the exterior and at least one entrance directly to the interior of the remainder of the regional shopping center;
(b)
Shall be commissioned and maintained by the owner or occupant of the structure or building upon which it is painted for the use and benefit of that occupant only and not other occupants of the regional shopping center;
(c)
Murals that tastefully depict the history, heritage, culture, or events of the local area are to be encouraged. The colors and themes of murals are encouraged to be compatible with nearby historical landmarks, buildings, and sites and should complement the prevailing architectural style and ambiance of the surrounding area;
(d)
Shall not contain written words, except for the nameplate of the artist. Nameplates shall not exceed two square feet;
(e)
Shall not contain trademarked images or logos.
(f)
Shall not contain political, pornographic, or violent themes;
(g)
Shall not contain video, animated, interior-lit elements or regularly changeable copy, except to the extent a mural may be painted or repainted;
(h)
Shall be painted directly onto the surface of the building or otherwise applied via decorative panels secured directly to the building surface;
(i)
Shall not protrude beyond the surface of the wall(s) upon which it is painted or applied in height or length;
(j)
Shall not be located within 100 feet from any two existing murals, measured from the edge of the closest facade containing a mural to the edge of the facade for the proposed mural;
(k)
Shall cover a maximum of 33% of the facade upon which it is painted or attached, exclusive of doors and windows;
(l)
Where an occupant's building has more than one facade facing a public way, a maximum of two murals shall be permitted, subject to the following:
[1]
The primary mural shall cover a maximum of 33% of the total primary facade upon which it is painted or attached, exclusive of doors and windows. Coverage is measured solely as painted areas and does not include any potential negative space in between painted areas;
[2]
The secondary mural shall cover a maximum of 33% of the total secondary facade upon which it is painted or attached, exclusive of doors and windows. Coverage is measured solely as painted areas and does not include any potential negative space in between painted areas;
(m)
Shall be subject to a maintenance covenant with the Township, in a form acceptable to the Township Solicitor which shall include, inter alia, provisions for the maintenance, repair, replacement, and removal of the mural(s).
(2)
Mural conditional use application and review.
(a)
No person shall install, construct, paint or modify a mural without first submitting a conditional use application and obtaining approval from the Board of Supervisors.
(b)
An application for a mural shall contain the following minimum information:
[1]
Five copies of a color sketch of the proposed mural drawn to scale;
[2]
Five copies of a sketch drawn to scale of the proposed building to be covered by the mural;
[3]
A calculation of the mural's total coverage areas in square feet and as a percentage of the facade;
[4]
A written description of the mural, including subject matter, type of paint to be used, and expected lifespan and maintenance plan for the mural;
[5]
Digital copies of all materials (Flash Drive, CD).
§ 165-168.1 Billboards.
[Added 8-5-2004 by Ord. No. 2004-738; 1-20-2005 by Ord. No. 2005-742]
Billboards shall be allowed only upon grant of a conditional use by the Board of Supervisors, and shall only be allowed in an overlay which covers the area of land within 200 feet of the I-276 (Pennsylvania Turnpike) right-of-way line. The conditional use shall be allowed subject to the following regulations:
A.
Billboard size. A maximum of two sides are allowed per billboard. The sign area of a billboard in the overlay district shall not exceed 336 square feet on each of not more than two sides of the sign.
B.
Height. The highest portion of a billboard shall not exceed 40 feet in height measured from the elevation of the grade of I-276 (Pennsylvania Turnpike). The "elevation of the grade" is defined as the point on the center line of the road which is perpendicular to the billboard location.
C.
Sign face material. Billboards shall use vinyl wrap or a material of equivalent durability to display the sign copy.
D.
Illumination and animation. Illumination of billboards shall be allowed based upon the following standards:
(1)
The billboard and the lighting thereof shall be effectively shielded so as to prevent beams or rays of light from being directed at a portion of the traveled ways of the interstate or primary systems, and shall not be of such intensity or brilliance as to cause glare or impair the vision of the driver of a vehicle, or which interferes with a driver's operation of a motor vehicle.
(2)
The billboard shall not be so illuminated that it interferes with the effectiveness of or obscures an official traffic sign, device, or signal.
(4)
Any billboard which contains, includes or is illuminated by a flashing, intermittent or moving light or lights, or is animated as defined by this article, shall be prohibited.
E.
Separation. The location of each billboard shall comply with the following separation requirements:
(1)
At least a one-thousand-five-hundred-foot radius from any other billboard,
(2)
At least 500 feet from any residential zoning district, including those of a neighboring municipality.
(3)
No billboard may be erected adjacent to or within 500 feet of an interchange or safety rest area, measured along the interstate or limited access primary from the beginning or ending of pavement widening at the exit from or entrance to the main traveled way.
F.
Obstruction. No billboard shall overhang a public or private right-of-way nor shall it interfere with a two-hundred-foot line of sight in any direction at an intersection.
§ 165-169 Temporary signs.
A.
Real estate signs. Real estate signs shall be permitted in all zoning districts, subject to the following limitations:
(1)
Real estate signs located on a single residential lot shall be limited to one sign, not greater than four feet in height and four square feet in area.
(2)
Real estate signs advertising the sale of lots located within a subdivision shall be limited to one sign per entrance to the subdivision, and each sign shall be no greater than 25 square feet in area nor 10 feet in height. All signs permitted under this section shall be removed within 10 days after sale of the last original lot.
(3)
Real estate signs advertising the sale or lease of space within commercial or industrial buildings shall be no greater than 25 square feet in area nor 10 feet in height, and shall be limited to one sign per street front.
(4)
Real estate signs advertising the sale or lease of vacant commercial or industrial land shall be limited to one sign per street front, and each sign shall be no greater than 10 feet in height, and 25 square feet.
(5)
Real estate signs shall be removed not later than 10 days after execution of a lease agreement in the event of a lease, or the closing of the sale in the event of a purchase.
B.
Development and construction signs. Signs temporarily erected during construction to inform the public of the developer, contractors, architects, engineers, the nature of the project or anticipated completion dates, shall be permitted in all zoning districts, subject to the following limitations:
(1)
Such signs on a single residential lot shall be limited to one sign not greater than four feet in height and four square feet in area.
(2)
Such signs for a residential subdivision or multiple residential lots shall be limited to one sign at each entrance to the subdivision or on one of the lots to be built upon, and shall be no greater than 10 feet in height and 25 square feet in area.
(3)
Such signs for nonresidential uses in residential districts shall be limited to one sign, and shall be no greater than 10 feet in height and 25 square feet in area.
(4)
Such signs for commercial or industrial projects shall be limited to one sign per street front, not to exceed 10 feet in height and 25 square feet in area.
(5)
Development and construction signs may not be displayed until after the issuance of construction permits by the building official, and must be removed not later than 24 hours following issuance of an occupancy permit for all or any portion of the project.
C.
Special promotions, event and grand opening signs. Signs temporarily displayed to advertise special promotions, events, grand openings and going-out-of-business sales shall be permitted subject to the following limitations:
(1)
Such signs shall be limited to one sign per street front.
(2)
Such signs may be displayed for not more than 30 consecutive days in any three-month period, and not more than 60 days in any calendar year. The signs shall be erected no more than five days prior to the event or grand opening, and shall be removed not more than one day after the event or grand opening.
(3)
Signs shall be subject to the payment of an escrow, as may be established by the Board of Supervisors, to guarantee removal of the signs. If signs are not removed within the time period specified, the escrow deposit shall be forfeited, and such signs shall be removed at the direction of the Township Zoning Official.
D.
Special event signs in public ways. Signs advertising a special community event shall be permitted to be erected in or over public rights-of -way, subject to the following:
(1)
Such signs shall be limited to 15 temporary directional signs, not to exceed four square feet in area, within the Township. Such signs shall be for the purpose of directing the public to a specific location within the Township only.
(2)
Such signs may be displayed for not more than 30 consecutive days and shall be nonrenewable. The signs shall be removed not more than 30 days after the issuance of the permit. A separate permit shall be required for each specific event.
(3)
Signs shall be subject to the payment of an escrow, as may be established by the Board of Supervisors, to guarantee removal of the signs. If signs are not removed within the time period specified, the escrow deposit shall be forfeited, and such signs shall be removed at the direction of the Township Zoning Official. All signs shall contain the permit number and expiration date.
E.
Portable signs. Portable signs shall be permitted only in the Commercial and Industrial districts subject to the following limitations:
F.
Political signs. Political signs shall be permitted in all zoning districts, subject to the following limitations:
(1)
Such signs for election candidates or ballot propositions shall be displayed only for a period of 60 days preceding the election and shall be removed within 10 days after the election, provided that signs promoting successful candidates or ballot propositions in a primary or general election may remain displayed until not more than 10 days after the primary or general election.
(2)
Such signs shall not be placed in any public right-of- way or obstruct traffic visibility.
(3)
Signs shall be subject to the payment of an escrow, as may be established by the Board of Supervisors, to guarantee removal of the signs. If signs are not removed within the time period specified, the escrow deposit shall be forfeited, and such signs shall be removed at the direction of the Township Zoning Official.
§ 165-170 Exempt signs.
A.
The provisions and regulations of this article shall not apply to the following signs, provided that such signs shall be properly secured and shall be subject to § 165-172, Prohibited signs, § 165-171, Unlawful signs, § 165-174, Abandoned signs, § 165-176, Construction and maintenance of signs; § 165-177, Violations and penalties; fines as set forth in this article.
(1)
Official federal, state or municipal signs erected within Upper Merion Township.
(2)
The trade names, emblems or directions on service facilities or product dispensers, including but not limited to gasoline pumps, telephone booths and vending machines, as long as such trade name, emblem or single group of words or symbols is not greater than three square feet in area.
(3)
Bus shelter signs on public rights-of-way pursuant to agreement with the Township.
(4)
Official notices authorized by a court, public body or public safety official.
(5)
Directional, warning or information signs authorized by federal, state or municipal governments.
(6)
Memorial plaques, building identification signs and building cornerstones when cut or carved into a masonry surface or when made of noncombustible material and made an integral part of the building or structure.
(7)
Religious symbols and seasonal decorations within the appropriate public holiday season.
(8)
Works of fine art displayed in conjunction with a commercial enterprise where the enterprise does not receive direct commercial gain.
(9)
The flag of the United States of America, Commonwealth of Pennsylvania, Montgomery County, Upper Merion Township, or a noncommercial institution, such as a school.
(10)
Flags bearing a corporate or company name and/ or insignia shall be permitted to be flown on the property where the company is located, provided that such flag must be flown in conjunction with the flag of the United States and provided that such corporate or company flag shall not exceed in size 75% of the United States flag with which it is displayed. No other advertising shall be permitted on such flags. In the event that a flagpole is attached to a building, such flagpole shall not extend above the sign height line of such building except where such pole is used exclusively for the display of the United States flag.
(11)
Trespassing signs indicating private ownership of a driveway or property not to exceed one square foot in size.
(12)
Signs announcing garage and yard sales not exceeding two square feet, provided they are not attached to utility poles and removed within two days after the event.
(13)
Signs for public transit or signs affixed to bus shelters as approved by the Board of Supervisors.
(14)
Identification signs.
(a)
One identification sign for the purpose of identifying the occupant of a residence: the name of the property or the address of the property shall be permitted in all districts. Such signs shall not exceed one square foot in area.
(b)
One identification sign for the purpose of identifying the name and/or address of a property or the address of the property shall be permitted for nonresidential uses and multifamily residential uses in all districts. Such signs shall not exceed six square feet in area.
(15)
Historic identification signs.
§ 165-171 Ground or freestanding signs.
A.
Any outdoor sign erected, constructed or maintained not in compliance with the provisions of this article shall be considered an unlawful sign.
B.
The Township shall notify the person who maintains any such unlawful sign, by first class mail, to correct specified violations or omissions so as to comply with this article or to remove such sign within a time designated by the Township. Failure to comply with such notice is in violation of this article. Failure to remove such sign within the time prescribed in the notice shall authorize the Township to remove such sign at the owner's expense.
§ 165-172 Prohibited signs.
The following devices and locations shall be specifically prohibited:
A.
Signs located in such a manner as to obstruct or otherwise interfere with an official traffic sign, signal or device, or obstruct or interfere with a driver's view of approaching, merging or intersecting traffic. Signs shall not be placed within the sight triangle of any intersection or driveway.
B.
Except as provided for elsewhere in this code, signs encroaching upon or overhanging public right-of-way. No sign shall be attached to any utility pole, light standard, street tree or any other public facility located within the public right-of-way.
C.
Signs which blink, flash or are animated by lighting in any fashion that would cause such signs to have the appearance of traffic safety signs and lights, or municipal vehicle warnings from a distance.
D.
Portable signs except as allowed for temporary signs.
E.
Any sign attached to, or placed on, a vehicle or trailer parked on public or private property, except for signs meeting the following conditions:
(1)
The primary purpose of such a vehicle or trailer is not the display of signs.
(2)
The signs are magnetic, decals or painted upon an integral part of the vehicle or equipment as originally designed by the manufacturer, and do not break the silhouette of the vehicle.
(3)
The vehicle or trailer is in operating condition, currently registered and licensed to operate on public streets when applicable, and actively used or available for use in the daily function of the business to which such signs relate.
(4)
Vehicles and trailers are not used primarily as static displays, advertising a product or service, nor utilized as storage, shelter or distribution points for commercial products or services for the general public.
(5)
The vehicle must be legally parking in an approved parking space.
F.
Balloons, streamers or pinwheels, except those temporarily displayed as part of a special sale, promotion or community event. For the purposes of this subsection, "temporarily" means no more than 30 days in any calendar year.
§ 165-173 Nonconforming signs.
Any sign legally in existence at the time of passage of this article that does not conform in use, location, height, or size with the zoning regulations in which the sign is situated, and for which a permit was lawfully obtained, shall be considered a legal nonconforming use or structure and shall be permitted to continue in such status until such time as it is either abandoned or removed by its owner, subject to the following limitations:
A.
In the event that a sign lawfully erected prior to the effective date of this article does not conform to the provisions and standards of this article, then such sign may continue in use until replaced or until the sign no longer advertises an existing business conducted or product sold on the premises upon which such sign is located.
B.
A nonconforming sign shall not be enlarged or replaced by another nonconforming sign.
C.
Any maintenance, repair or alteration of a nonconforming sign shall not cost more than 50% of the current depreciated value of the sign as of the date of alteration or repair.
§ 165-174 Abandoned signs.
Abandoned signs. Subject to § 165-175, Removal of signs, concerning unsafe, improperly secured or dangerous signs, where the Township determines that a sign has been abandoned, the owner of the sign, or the owner of the building or premises in the sign owner's absence, the Township shall notify in writing by first class mail that the owner shall be required to remove such sign within 30 days from the date of the notice, and such sign shall be removed within the time directed in the notice by the Township. If such sign is not removed by the owner of the sign or the owner of the building or premises in the sign owner's absence, the Township shall remove the sign at the building or premises and assess the owner for all costs incurred for such services.
§ 165-175 Removal of signs.
A.
If the Township shall find that any sign regulated by this article is not used, is abandoned, unsafe, improperly secured or otherwise determined to be a danger to the health, welfare and safety of the public, the Township shall give written notice to the named owner of the land upon which it is located, who shall remove or repair the sign within 10 days from the date of the notice. If the sign is not removed or repaired within said time period, the Township shall revoke the permit issued for such sign and may remove or repair the sign and assess the owner for all costs incurred for such service.
B.
The Township may cause any sign, which is a source of immediate danger to persons or property to be removed immediately and without notice.
§ 165-176 Construction and maintenance of signs; inspection.
A.
All signs shall be properly secured, supported and braced and shall be kept in satisfactory structural condition, clean and as appropriate, well-painted at all times. Every sign, its framework, braces, anchors and other supports shall be constructed of such material and in such workmanlike manner as shall make it safe, to the satisfaction of the Township.
B.
Every sign hereafter erected, constructed or maintained shall be plainly marked with the name of the person erecting, constructing and maintaining such sign as well as sign permit number.
§ 165-177 Violations and penalties; fines.
A.
Any person, firm or corporation, whether as owner, lessee, agent or employee, who proceeds to erect, reerect, construct or structurally alter any sign covered by the provisions of this article, without first applying for and obtaining the necessary permit or who in any other way violates any provision of this article shall be guilty of an offense. In those instances where the Township determines that a person has violated a provision of this article, the provisions of Article XXXVII of the Code shall apply in the prosecution and assessment of fines and penalties.
B.
In case of a violation of this article, the municipality and its officers may, in addition to any other remedies specifically conferred by law or ordinance, institute any appropriate proceeding to prevent unlawful erection, construction, reconstruction, alteration or use of any sign not in compliance with this article.